Nextgenratpack
Member
- Joined
- 11 Aug 2015
- Messages
- 10
Hi,
I'm looking for advice because I'm currently torn on whether or not to proceed to trial or to just accept the guilty charge, pay the early court costs and get a criminal record even though I know didn't commit the offence.
I will start from the beginning.
One evening I travelled from Burley Park station through to Bingley. At the start of the journey I had a ticket to get from Burley Park to Leeds, but at Burley Park station there was no working ticket facilities available.
On arrival at Bingley Station, I exited the train and approached a revenue officer on the platform to buy the ticket for the remainder of my journey so I could leave the station. At this moment, he questioned why I didn't have a ticket and after an explanation he took down my details and said they would be in contact via letter.
When the letter came through the details of the journey were wrong, the letter stated I had travelled from Shipley to Bingley. I responded to the letter via post stating that the journey information was wrong, the next communication from Northern Rail was a fixed penalty notice. On this coming through I contacted Northern Rail via the telephone and explained that the details of the journey are wrong. I also let them know at this point that I was moving house and they told me to put everything in writing and they would go from there.
Fast forward 6 months where all correspondence had been sent to my old address and the trial had happened in the magistrates court without my knowledge.
Luckily, I managed to get a Statue of Declaration and the original trial is now void and the new one has been scheduled for a couple of months time.
However, my questions are surrounding the Northern Rail evidence submitted -two witness statements.
1st - Revenue officer on the platform
- journey details were wrong (I have witness statements confirming my whereabouts, I have my employer confirming my whereabouts and I have documentation confirming I was working in the Burley Park area throughout the week in question)
- he said he approached me outside the station after I had already exited, but I approached him on the platform and asked to buy a ticket so I could get out past the guards stationed on the exit (is this a common statement used because for the life of me I have no idea how they expected me to exit the station with officers present on each one)
2nd - Internal staff member who answered the phone
- in the witness statement she stated that I had acknowledged the fine (is this correct even though my call was regarding the journey information being incorrect and to inform them of my change of address?)
So, this is the evidence submitted against me.
In terms of further evidence and what I can ask Northern Rail to disclose, the station they stated I travelled from has CCTV and that would prove my version of events as it would show me not getting on the train at Shipley.
Secondly, are calls recorded and are notes logged from the call and if so can I request them to be disclosed as evidence because they would also prove my version of events.
Thirdly, I no longer have the actual ticket from Burley Park to Leeds, but I have the proof of purchase is that enough?
I'm wondering what more Northern Rail need before they consider my version of events because at the moment I am at a total loss because all they've submitted it two witness statements against what I've submitted.
All help will be appreciated, the clock it ticking for me.
Cheers,
NG
I'm looking for advice because I'm currently torn on whether or not to proceed to trial or to just accept the guilty charge, pay the early court costs and get a criminal record even though I know didn't commit the offence.
I will start from the beginning.
One evening I travelled from Burley Park station through to Bingley. At the start of the journey I had a ticket to get from Burley Park to Leeds, but at Burley Park station there was no working ticket facilities available.
On arrival at Bingley Station, I exited the train and approached a revenue officer on the platform to buy the ticket for the remainder of my journey so I could leave the station. At this moment, he questioned why I didn't have a ticket and after an explanation he took down my details and said they would be in contact via letter.
When the letter came through the details of the journey were wrong, the letter stated I had travelled from Shipley to Bingley. I responded to the letter via post stating that the journey information was wrong, the next communication from Northern Rail was a fixed penalty notice. On this coming through I contacted Northern Rail via the telephone and explained that the details of the journey are wrong. I also let them know at this point that I was moving house and they told me to put everything in writing and they would go from there.
Fast forward 6 months where all correspondence had been sent to my old address and the trial had happened in the magistrates court without my knowledge.
Luckily, I managed to get a Statue of Declaration and the original trial is now void and the new one has been scheduled for a couple of months time.
However, my questions are surrounding the Northern Rail evidence submitted -two witness statements.
1st - Revenue officer on the platform
- journey details were wrong (I have witness statements confirming my whereabouts, I have my employer confirming my whereabouts and I have documentation confirming I was working in the Burley Park area throughout the week in question)
- he said he approached me outside the station after I had already exited, but I approached him on the platform and asked to buy a ticket so I could get out past the guards stationed on the exit (is this a common statement used because for the life of me I have no idea how they expected me to exit the station with officers present on each one)
2nd - Internal staff member who answered the phone
- in the witness statement she stated that I had acknowledged the fine (is this correct even though my call was regarding the journey information being incorrect and to inform them of my change of address?)
So, this is the evidence submitted against me.
In terms of further evidence and what I can ask Northern Rail to disclose, the station they stated I travelled from has CCTV and that would prove my version of events as it would show me not getting on the train at Shipley.
Secondly, are calls recorded and are notes logged from the call and if so can I request them to be disclosed as evidence because they would also prove my version of events.
Thirdly, I no longer have the actual ticket from Burley Park to Leeds, but I have the proof of purchase is that enough?
I'm wondering what more Northern Rail need before they consider my version of events because at the moment I am at a total loss because all they've submitted it two witness statements against what I've submitted.
All help will be appreciated, the clock it ticking for me.
Cheers,
NG